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Articles 1981 - 2010 of 3008
Full-Text Articles in Law
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Mary Wong
As a species of intellectual property, copyrightable works are assumed to be a form of private property, for which exclusive rights are conferred and which may be assigned, licensed and transferred as property. This article questions this fundamental assumption, in terms of both its consequences on rights of access and use by non-owners, and its limitations on the ability of copyright law to accommodate broader socio-cultural norms and values embodying wider notions of creativity and development. It argues that, for copyright law to more fully reflect these norms and values, a more flexible framework is required. Although attempts have been …
The Pope's Copyright? Aligning Incentives With Reality By Using Creative Motivation To Shape Copyright Protection, Lydia P. Loren
The Pope's Copyright? Aligning Incentives With Reality By Using Creative Motivation To Shape Copyright Protection, Lydia P. Loren
Lydia P Loren
In the United States utilitarian theory posits that granting an exclusive right in creative expression will provide a necessary incentive to invest in the creation and distribution of expressive works. It is feared that without this incentive there would be insufficient motivation for creation. Indeed, it appears that the U.S. adheres completely to the notion that “no man but a blockhead ever wrote, except for money.” Yet the creation of many works, such as email and papel decrees, ordinarily are not motivated by monetary incentives. Nevertheless, current copyright protection fails to account for the creator’s motivation in determining the level …
Google Booksearch And Library Digitization, Laura Quilter, Jack Lerner
Google Booksearch And Library Digitization, Laura Quilter, Jack Lerner
Laura Quilter
No abstract provided.
The Mereology Of Digital Copyright, Dan L. Burk
The Mereology Of Digital Copyright, Dan L. Burk
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Creativity And Copyright, Dennis S. Karjala
Creativity And Copyright, Dennis S. Karjala
Dennis S Karjala
Nearly everyone, from layperson to professional, thinks of copyright as the primary mode of legal protection for the intellectual fruits of creative artists and authors. While necessarily conceding that copyright has been extended in recent decades to cover a large number of highly mundane works, most scholars still see authorial “creativity” as the one element common to the vast array of works that now fall under the copyright umbrella. In the United States, this view has purportedly been elevated to constitutional status with the Supreme Court’s 1991 decision in Feist v. Rural Telephone Service, which stated in dictum that creativity …
Complying With The National Institutes Of Health Public Access Policy: Copyright Considerations And Options, Michael Carroll
Complying With The National Institutes Of Health Public Access Policy: Copyright Considerations And Options, Michael Carroll
Articles in Law Reviews & Other Academic Journals
This White Paper is written primarily for policymaking staff in universities and other institutional recipients of NIH support responsible for ensuring compliance with the Public Access Policy. The January 11, 2008, Public Access Policy imposes two new compliance mandates. First, the grantee must ensure proper manuscript submission. The version of the article to be submitted is the final version over which the author has control, which must include all revisions made after peer review. The statutory command directs that the manuscript be submitted to PMC “upon acceptance for publication.” That is, the author’s final manuscript should be submitted to PMC …
Drm E Abuso Di Posizione Dominante: Il Caso Itunes, Giuseppe Mazziotti
Drm E Abuso Di Posizione Dominante: Il Caso Itunes, Giuseppe Mazziotti
giuseppe mazziotti
No abstract provided.
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
American University Law Review
No abstract provided.
Addressing Default Trends In Patent-Based Section 337 Proceedings In The United States International Trade Commission, John C. Evans
Addressing Default Trends In Patent-Based Section 337 Proceedings In The United States International Trade Commission, John C. Evans
Michigan Law Review
Section 337 of the Tarif Act of 1930 empowers the United States International Trade Commission to investigate imports to ensure imports do not infringe on U.S. trademarks. The Commission permits patent, copyright, and trademark owners to notify the Commission of possibly infringing imports and to obtain exclusion orders that prevent importation of products that infringe their intellectual property. The total number of investigations increased from 1996 to 2005, yet the proportion of respondent defaults rose as well. The increase in defaults suggests there is some systemic difficulty in ensuring full participation. This Note argues that the res judicata effects of …
Complying With The National Institutes Of Health Public Access Policy: Copyright Considerations And Options, Michael W. Carroll
Complying With The National Institutes Of Health Public Access Policy: Copyright Considerations And Options, Michael W. Carroll
Michael W. Carroll
This White Paper is written primarily for policymaking staff in universities and other institutional recipients of NIH support responsible for ensuring compliance with the Public Access Policy. The January 11, 2008, Public Access Policy imposes two new compliance mandates. First, the grantee must ensure proper manuscript submission. The version of the article to be submitted is the final version over which the author has control, which must include all revisions made after peer review. The statutory command directs that the manuscript be submitted to PMC “upon acceptance for publication.” That is, the author’s final manuscript should be submitted to PMC …
Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David S. Welkowitz, Tyler T. Ochoa
Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David S. Welkowitz, Tyler T. Ochoa
Saint Louis University Law Journal
No abstract provided.
Fair Circumvention, Timothy K. Armstrong
Fair Circumvention, Timothy K. Armstrong
Faculty Articles and Other Publications
Judicial decisions construing the key liability provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. - 1201, cluster around two incompatible poles. One set of decisions construes the DMCA's liability provisions broadly, emphasizing the need to prevent possible copyright infringement and limit the public availability of tools that may be used to infringe. Other cases construe the same language narrowly, stressing the avoidance of anticompetitive market distortions. Both sets of decisions insist that their interpretation is commanded by the literal text of the DMCA. A closer look, however, reveals that both sides have overstated the support they may plausibly …
Code Of Best Practices In Fair Use For Online Video, Peter A. Jaszi, Patricia Aufderheide
Code Of Best Practices In Fair Use For Online Video, Peter A. Jaszi, Patricia Aufderheide
Copyright, Fair Use & Open Access
Until the release of these best practices, anyone uploading a video ran the risk of becoming inadvertently entangled in an industry skirmish, as media companies struggle to keep their programs from circulating on the internet. This document is a code of best practices created by a collaborative team of media scholars and lawyers, to help creators, online providers, copyright holders, and others interested in the making of online video, interpret the copyright doctrine of fair use in online video. The code identifies, among other things, six kinds of unlicensed uses of copyrighted material that may be considered fair, under certain …
Writer's Block, David Spratt
Writer's Block, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Faculty Publications
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights.
Scale-Free Law: Network Science And Copyright, Andres Guadamuz
Scale-Free Law: Network Science And Copyright, Andres Guadamuz
Andres Guadamuz
Networks are everywhere. The staggering complexity and seemingly chaotic nature of everyday life is actually a collection of different networks interacting with us from the moment that we wake up to the time we go to sleep. We are constantly surrounded by the social network, the financial network, the transport network, the telecommunications network, and even the network within our own bodies. The understanding of how these systems operate and interact with one another has been the realm of physicists, economists, biologists and mathematicians. Until recently, the study of networks lacked empirical application because it was extremely difficult to gather …
The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski
The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski
Aaron K. Perzanowski
This Article attempts to reconcile the breadth of the modern Commerce Clause with the notion of meaningful and enforceable limits on Congress' copyright authority under Article I, Section 8, Clause 8. The Article aims to achieve two objectives. First, it seeks to outline a general approach to identifying and resolving inter-clause conflicts, sketching a methodology that has been lacking in the courts' sparse treatment of such conflicts. Second, it applies that general framework to the copyright power in order to outline the scope of constitutional prohibitions against quasi-copyright protections. In particular, this application focuses on the federal anti-bootlegging statutes and …
Le Domaine Public, Garant De L'Intérêt Général En Propriété Intellectuelle ?, Severine Dusollier
Le Domaine Public, Garant De L'Intérêt Général En Propriété Intellectuelle ?, Severine Dusollier
Severine Dusollier
No abstract provided.
Billowing White Goo, Jessica Litman
Billowing White Goo, Jessica Litman
Jessica Litman
In this paper, written for a symposium on “Fair Use: Incredibly Expanding or Extraordinarily Shrinking?,” I argue that the size of the fair use footprint has remained about the same over the past three decades, while the size and scope of copyright’s exclusive rights have expanded markedly. In order to protect a broader range of worthy uses under the fair use umbrella, courts have adopted new tests tailored to privilege particular sorts of uses, but in doing so they haven’t expanded fair use so much as they have moved it around. In part I of the paper, I briefly summarize …
Mythical Beginnings Of Intellectual Property, Jessica M. Silbey
Mythical Beginnings Of Intellectual Property, Jessica M. Silbey
Jessica Silbey
It has become commonplace to justify intellectual property protection with homage to utilitarianism (maximizing the incentive to create, invent or produce quality goods) or natural rights (people should own the product of their creative, inventive or commercial labor). Despite the on-going dominance of these theories, there remains a dissatisfying lack of a comprehensive explanation for the value of intellectual property protection. This is in part because the economic analysis of law tends to undervalue the humanistic element of intellectual property. This Article aims to fill that void. It offers a new explanation for intellectual property rooted in narrative theory. Whereas …
An Intentional View Of The Copyright Work, Justine Pila
An Intentional View Of The Copyright Work, Justine Pila
Justine Pila
The questions at the heart of copyright – what is a work, and the extent of copyright protection – are considered. Arguments are presented firstly for an understanding of works oriented around expressive intent, and secondly for a statutory test of infringement that pays closer attention to issues of policy and the authorial acts that copyright rewards. The article revisits two central cases of modern English copyright law, Walter v Lane and Interlego v Tyco Industries, and suggests that their reasoning is problematic; Walter v Lane because the transcripts of Lord Rosebery's speeches were not books for copyright purposes, and …
Compilation Copyright: A Matter Calling For ‘A Certain ... Sobriety’, Justine Pila
Compilation Copyright: A Matter Calling For ‘A Certain ... Sobriety’, Justine Pila
Justine Pila
In this article I review the UK and Australian law of compilation copyright in the light particularly of the Australian Full Federal Court's decisions in Desktop Marketing Systems (2002) and IceTV (2008). I criticize the Court's approach in those cases to the issues of both subsistence and infringement, while also offering a measured defense of the first instance decision in IceTV. In particular, I suggest that decision is largely right, and reflects an important attempt by a Judge to reorient copyright around its works, and resist the past temptation of courts - including the Full Federal Court itself - to …
Of Maps, Crown Copyright, Research And The Environment, Estelle Derclaye
Of Maps, Crown Copyright, Research And The Environment, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Flashing Badge Co Ltd V Groves: A Step Forward In The Clarification Of The Copyright/Design Interface, Estelle Derclaye
Flashing Badge Co Ltd V Groves: A Step Forward In The Clarification Of The Copyright/Design Interface, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Copyright Reform In The Eu, Estelle Derclaye
What Do We Do With A Doctrine Like Merger? A Look At The Imminent Collision Of The Dmca And Idea/Expression Dichotomy, Matthew J. Faust
What Do We Do With A Doctrine Like Merger? A Look At The Imminent Collision Of The Dmca And Idea/Expression Dichotomy, Matthew J. Faust
Marquette Intellectual Property Law Review
With the introduction of the Digital Millennium Copyright Act (DMCA), courts are now faced with the unsettling issue that copyright holders can receive damages even though copyright infringement did not occur. This comment begins its analysis of this issue with a brief overview of basic copyright infringement fundamentals, the different approaches and numerous tests that circuit courts have applied, and the idea/expression dichotomy, including the merger doctrine and the scenes a faire doctrine. The author then explores the collision between the DMCA and the idea/expression dichotomy by showing how the DMCA has impacted copyright law and how it intersects with …
Email To Bob Bone Re: Idea Expression Dichotomy, Wendy J. Gordon
Email To Bob Bone Re: Idea Expression Dichotomy, Wendy J. Gordon
Scholarship Chronologically
This is to recap our discussion, to make sure we're on the same page, and carry this a bit further. I'm very excited.
The Ipod Tax: Why The Digital Copyright System Of American Law Professors' Dreams Failed In Japan, Salil K. Mehra
The Ipod Tax: Why The Digital Copyright System Of American Law Professors' Dreams Failed In Japan, Salil K. Mehra
University of Colorado Law Review
A number of prominent American law professors have endorsed the notion of a tax on digital recording and music file-sharing-call it an "iPod tax"--with the proceeds to be paid into a general fund. A clearinghouse representing rights-holders would monitor which works were downloaded and how often and then divvy up the iPod tax revenues to the individual rights-holders. Japan has run a very similar system since the early days of digital recording in 1993. This Article focuses on how Japanese experts decided that regulatory failures merited killing an extension of their existing system, including a proposed iPod tax. In particular, …
Copyright Preemption Of Contracts, Christina Bohannan
Copyright Preemption Of Contracts, Christina Bohannan
Maryland Law Review
No abstract provided.
User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher
User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher
Vanderbilt Journal of Entertainment & Technology Law
While user-generated content (UGC) has been around for quite some time, the digital age has led to an explosion of new forms of UGC. Current UGC mega-sites, such as YouTube, Facebook, and MySpace, have given UGC a new level of significance, due to their ability to bring together large numbers of users to interact in new ways. The "user" in UGC generally refers to amateurs, but also includes professionals and amateurs aspiring to become professionals. "Generated" is synonymous with created, reflecting the inclusion of some minimal amount of creativity in the user's work. Finally, "content" refers to digital content, or …